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Libertyville Family Law Blog

What can you do if you don't like the proposed custody plan?

Child custody can sometimes come with conflict. Unfortunately, it's difficult to handle conflicts that involve your children, and it's common to see both parents lashing out at each other while trying to protect their little ones.

As a parent, you need to understand that your wishes are separate from the best wishes of your child. They may not be the same, and the other parent may have positive intentions as well. For example, you might think the best thing for your child is living with you, but the other parent might think it's living with them. The judge, on the other hand, may believe a split-custody arrangement is a better situation for your child. What works for one person won't necessarily be the best option for the group, so it's important to work out a plan that is in everyone's best interests.

Divorce after 50, retirement accounts and your future

If you are divorcing later in life, chances are, you have many kinds of assets to divide, including a home, your vehicles, perhaps a boat, valuable collections and, last but not least, retirement accounts.

You must divide your IRA, 401(k) and your pension. You want to be sure these accounts are divided properly because different rules apply to different accounts.

Illinois has strict visitation policies: Learn more

Illinois is one state with extremely strict requirements for child custody. The laws are firm, which makes it possible to protect children regardless of their circumstances.

In Illinois, the courts are able to make decisions about:

  • Where visitation can take place
  • When supervision is necessary for visitations with a child
  • Whether to allow overnight visits with a parent
  • Whether a parent should have a right to visitation if they are under the influence or were under the influence of drugs or alcohol before a scheduled visit.

New law could require shared parenting orders in most cases

Living in Illinois, you may know that equal parenting time isn't yet required by law. However, many father's rights groups have been pushing for this to become the standard in court.

Presently, Illinois' judges have the right to determine and assign custody in any way that reflects the best interests of the child. However, that standard is fairly vague, so it can mean that parents go into court not knowing what to expect.

New bill encourages equal parenting time after divorce

A new bill has been produced in Illinois that would make it standard to expect equal parenting time in child custody cases. This is a great step forward in most situations involving divorcing parents since the majority of cases involve two loving parents who simply don't work out as a couple any longer.

Expecting two people to share the responsibility of raising a child or children together hasn't always been standard, and for a long time, it was almost guaranteed that a mother would have priority in obtaining custody. This new bill would guarantee that efforts were made to have both parents share equal custody of their child or children since it's known to be in the best interests of children in the majority of cases.

Is retroactive support always ordered in divorce cases?

Retroactive child support is when a parent files a request to obtain child support that should have been paid at a time when it wasn't. This is a huge benefit to children who perhaps have gone a long time without additional support from one parent or who need the additional support due to extraneous expenses.

The parent who would like to seek retroactive child support should do a few things to obtain it. This includes:

  • Presenting evidence that the noncustodial parent didn't pay support
  • Providing proof that the noncustodial parent is the legal guardian or parent of the child
  • Presenting evidence that an attempt to collect support was made but failed

Benefits of a prenuptial agreement

Anyone planning on marrying soon needs to consider the advantages of a prenuptial agreement. This is a legal agreement wherein you can determine each person's financial obligations in the event of a divorce. 

Naturally, some people will be hesitant to discuss a prenup. However, it comes with benefits even if you end up married to this person for the rest of your life. 

Pets: More than property to many people going through divorce

Divorce is a complicated situation, but there are some factors that can make them worse. For example, what do you do when your beloved pet is involved in your split up?

Recently, California changed the way it handles cases with pets, and you may be surprised to find out that Illinois believes the same things, too. One of the best things you can do early on in your marriage when you purchase a pet or at any time during your marriage is to make a plan for your pet's care. You can do this with a pet prenuptial agreement or a pet postnuptial agreement.

Your child deserves support from both parents after divorce

Child support is an important factor in divorce cases, both during and after the case. It is important that children in divorced families receive the financial support they need to grow up in a secure environment.

Some people feel that paying child support is unfair, but the reality is that child support is a necessity for many individuals. Without support, there would be many parents struggling to provide for their children.

Will a divorce always negatively affect children?

One thing every parent should remember is that it isn't their divorce that will affect their child the most. Instead, it's how they act during and after that divorce.

Parents who can respect one another and be kind during a divorce are more likely to have children who learn to work through conflicts in the same way. On the other hand, parents who fight tooth and nail are more likely to see children who act out.

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